Common use of Return of Capital Clause in Contracts

Return of Capital. No Member shall be entitled to have any Capital Contribution returned to it or to receive any distributions from the Company upon withdrawal or otherwise, except in accordance with the express provisions of this Agreement. No unrepaid Capital Contribution shall be deemed or considered to be a liability of the Company or any Member. No Member shall be required to contribute any cash or property to the Company to enable the Company to return any Member’s Capital Contribution.

Appears in 9 contracts

Samples: Limited Liability Company Agreement (Paulsboro Natural Gas Pipeline Co LLC), Operating Agreement (Sunoco LP), Operating Agreement (Energy Transfer Partners, L.P.)

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Return of Capital. No The Member shall not be entitled to have any Capital Contribution or Additional Capital Contribution returned to it or to receive any distributions from the Company upon withdrawal or otherwise, except in accordance with the express provisions of this Agreement. No unrepaid Capital Contribution or Additional Capital Contribution shall be deemed or considered to be a liability of the Company Company, any Manager or any the Member. No Member shall be required to contribute any cash or property to the Company to enable the Company to return any Member’s Capital Contribution.

Appears in 9 contracts

Samples: Operating Agreement (RAC Mexico Holdings II, LLC), Operating Agreement (RAC Mexico Holdings II, LLC), Operating Agreement (RAC Mexico Holdings II, LLC)

Return of Capital. No Member shall be liable for the return of the Capital Contributions (or any portion thereof) of any other Member, it being expressly understood that any such return shall be made solely from the assets of the Company. No Member shall be entitled to have withdraw or receive a return of any part of its Capital Contribution returned Contributions or Capital Account, to it receive interest on its Capital Contributions or Capital Account or to receive any distributions from the Company upon withdrawal or otherwiseCompany, except as expressly provided for in accordance with the express provisions of this Agreement. No unrepaid Capital Contribution shall be deemed Agreement or considered to be a liability of the Company or any Memberunder applicable law. No Member shall be required have any obligation to contribute restore any cash or property to the Company to enable the Company to return any Member’s negative balance in its Capital ContributionAccount.

Appears in 9 contracts

Samples: Limited Liability Company Agreement, Limited Liability Company Agreement (ACP Watermark Investment LLC), Limited Liability Company Agreement (Strategic Realty Trust, Inc.)

Return of Capital. No Member shall be entitled have the right to have any demand a return of such Member’s Capital Contribution returned Contributions (or the balance of such Member’s Capital Account). Further, no Member has the right (i) to it or to demand and receive any distributions distribution from the Company upon withdrawal in any form other than cash or otherwise, except in accordance with the express provisions (ii) to bring an action of this Agreement. No unrepaid Capital Contribution shall be deemed or considered to be a liability of partition against the Company or its property. Neither the Members nor the Management Committee shall have any Memberpersonal liability for the repayment of the Capital Contributions from Members. No Member shall be is required to contribute or to lend any cash or property to the Company to enable the Company to return any other Member’s Capital ContributionContributions.

Appears in 7 contracts

Samples: Purchase and Sale Agreement (Williams Partners L.P.), Limited Liability Company Agreement (Atlas Pipeline Holdings, L.P.), Limited Liability Company Agreement (Williams Partners L.P.)

Return of Capital. No Except as otherwise provided in this Agreement, no Member or Unit Holder shall be entitled to have any the return of the Member’s or Unit Holder’s Capital Contribution returned Contributions to it or to receive any distributions from the Company upon withdrawal or otherwise, except in accordance with the express provisions of this Agreement. No unrepaid Capital Contribution shall be deemed or considered to be a liability of the Company or any Memberdistribution from the Company. No Manager shall have any personal liability for the repayment of the Capital Contributions made by any Member or Unit Holder, it being agreed that any return of Capital Contributions or Profits shall be required to contribute any cash or property to made solely from the Company to enable assets of the Company to return any Member’s Capital ContributionCompany.

Appears in 5 contracts

Samples: Letter Agreement (Bioceres S.A.), Letter Agreement (Bioceres S.A.), Letter Agreement (Bioceres S.A.)

Return of Capital. No Member shall be is entitled to have withdraw or resign from the Company, to receive a return of any Capital Contribution returned part of the Member's capital contribution, to it receive any distribution, or to receive a repayment of any distributions from balance in the Company upon withdrawal or otherwiseMember's Capital Account, as defined in Section 3.1, below, except as expressly provided in accordance with the express provisions of this Agreement. No unrepaid Capital Contribution shall Member has the right to demand that distributions be deemed or considered to be a liability of the Company or any Memberin kind. No Member shall will be required to contribute paid interest on any cash capital contribution or property to on the Company to enable the Company to return any Member’s 's Capital ContributionAccount.

Appears in 4 contracts

Samples: Operating Agreement, Operating Agreement, Operating Agreement

Return of Capital. No Member shall be entitled to have personally liable for the return of the Capital Contributions of any Capital Contribution returned to other Members, or any portion thereof, it or to receive being expressly understood that any distributions from the Company upon withdrawal or otherwise, except in accordance with the express provisions of this Agreement. No unrepaid Capital Contribution such return shall be deemed or considered to be a liability of the made solely from Company or any Member. No Member shall be required to contribute any cash or property to the Company to enable the Company to return any Member’s Capital Contributionassets.

Appears in 4 contracts

Samples: Limited Liability Company Agreement (Dean Foods Co), Limited Liability Company Agreement (Consolidated Container Co LLC), Limited Liability Company Agreement (Consolidated Container Co LLC)

Return of Capital. No Member shall be entitled to have any Capital Contribution capital contribution returned to it or to receive any distributions distribution from the Company upon withdrawal or otherwise, except in accordance with the express provisions of this Agreement. No unrepaid Capital Contribution unreturned capital contribution shall be deemed or considered to be a liability of the Company or any Member. No Member shall be required to contribute any cash or property to the Company to enable the Company to return any Member’s Capital Contributioncapital contribution.

Appears in 4 contracts

Samples: Limited Liability Company Agreement (GoDaddy Inc.), Limited Liability Company Agreement (GoDaddy Inc.), Limited Liability Company Agreement (GoDaddy Inc.)

Return of Capital. No Member shall be entitled to have liable for the return of the Capital Contributions (or any Capital Contribution returned to portion thereof) of any other Member, it or to receive being expressly understood that any distributions such return shall be made solely from the Company upon withdrawal or otherwise, except in accordance with the express provisions of this Agreement. No unrepaid Capital Contribution shall be deemed or considered to be a liability assets of the Company or any Member. No Member shall be required to contribute any cash or property to the Company to enable the Company to return any Member’s Capital ContributionCompany.

Appears in 3 contracts

Samples: Limited Liability Company Operating Agreement (Lightstone Real Estate Income Trust Inc.), Limited Liability Company Agreement (United Realty Trust Inc), Operating Agreement (Interstate Hotels & Resorts Inc)

Return of Capital. No Member shall be entitled to have any Capital Contribution returned to it or to receive any distributions from liability for the Company upon withdrawal or otherwise, except in accordance with the express provisions return of this Agreement. No unrepaid Capital Contribution shall be deemed or considered to be a liability of the Company or any Member. No Member shall be required to contribute any cash or property to the Company to enable the Company to return any Member’s Capital ContributionContributions. A Member shall not receive out of the Company’s property all or any part of such Member’s Capital Contributions except as provided in Sections 5.1 and 5.2 hereof.

Appears in 3 contracts

Samples: Limited Liability Company Agreement (American Retirement Corp), Limited Liability Company Agreement (American Retirement Corp), Limited Liability Company Agreement (American Retirement Corp)

Return of Capital. No Member shall be entitled to have personally liable for the return of the Capital Contributions of any Capital Contribution returned to other Member, or any portion thereof, it or to receive being expressly understood that any distributions from the Company upon withdrawal or otherwise, except in accordance with the express provisions of this Agreement. No unrepaid Capital Contribution such return shall be deemed or considered to be a liability of the made solely from Company or any Member. No Member shall be required to contribute any cash or property to the Company to enable the Company to return any Member’s Capital Contributionassets.

Appears in 3 contracts

Samples: Limited Liability Company Agreement (New Home Co LLC), Limited Liability Company Agreement (New Home Co LLC), Limited Liability Company Agreement (KFX Inc)

Return of Capital. No Member shall be liable for the return of the Capital Contributions (or any portion thereof) of any other Member, it being expressly understood that any such return shall be made solely from the assets of the Company. No Member shall be entitled to have withdraw or receive a return of any part of its Capital Contribution returned Contributions or Capital Account, to it receive interest on its Capital Contributions or Capital Account or to receive any distributions from the Company upon withdrawal or otherwiseCompany, except as expressly provided for in accordance with the express provisions of this Agreement. No unrepaid Member shall have any obligation to restore any negative or deficit balance in its Capital Contribution shall be deemed or considered to be a liability Account at any time including upon liquidation and dissolution of the Company or any Member. No Member shall be required to contribute any cash or property to the Company to enable the Company to return any Member’s Capital ContributionCompany.

Appears in 3 contracts

Samples: Limited Liability Company Agreement (Behringer Harvard Opportunity REIT II, Inc.), Limited Liability Company Agreement (Behringer Harvard Opportunity REIT II, Inc.), Limited Liability Company Agreement (Behringer Harvard Opportunity REIT II, Inc.)

Return of Capital. No Member shall be liable for the return of the capital contributions (or any portion thereof) of any other Member, it being expressly understood that any such return shall be made solely from the assets of the Company. No Member shall be entitled to have withdraw any part of such Member’s Capital Contribution returned Contributions or Capital Account, to it receive interest on such Member’s Capital Contributions or Capital Account or to receive any distributions from the Company upon withdrawal or otherwiseCompany, except as expressly provided for in accordance with this Agreement or under the express provisions of this Agreement. No unrepaid Capital Contribution shall be deemed or considered to be a liability of the Company or any Member. No Member shall be required to contribute any cash or property to the Company to enable the Company to return any Member’s Capital ContributionAct as then in effect.

Appears in 2 contracts

Samples: Operating Agreement, Operating Agreement

Return of Capital. No Member shall be liable for the return of the Capital Contributions (or any portion thereof) of any other Member, it being expressly understood that any such return shall be made solely from the assets of the Company. No Member shall be entitled to have withdraw or receive a return of any part of its Capital Contribution returned Contributions or Capital Account, to it receive interest on its Capital Contributions or Capital Account or to receive any distributions from the Company upon withdrawal or otherwiseCompany, except as expressly provided for in accordance with the express provisions of this Agreement. No unrepaid Capital Contribution shall be deemed Agreement or considered to be a liability of the Company or any Member. No Member shall be required to contribute any cash or property to the Company to enable the Company to return any Member’s Capital Contributionunder applicable law.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Prime Group Realty Trust)

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Return of Capital. No Member shall will be entitled to have personally liable for the ----------------- return of the Capital Contributions of the Members, or any Capital Contribution returned to portion thereof, it or to receive being expressly understood that any distributions such return will be made solely from the Company upon withdrawal or otherwise, except in accordance with the express provisions of this Agreement. No unrepaid Capital Contribution shall be deemed or considered to be a liability of the Company or any Member. No Member shall be required to contribute any cash or property to the Company to enable the Company to return any Member’s Capital ContributionCompany's assets.

Appears in 1 contract

Samples: Operating Agreement (Maxwell Shoe Co Inc)

Return of Capital. No Member shall be entitled to have personally liable for the return of the Capital Contributions of the other Member, or any Capital Contribution returned to it or to receive any distributions from the Company upon withdrawal or otherwise, except in accordance with the express provisions of this Agreementportion thereof. No unrepaid Capital Contribution Any such return shall be deemed or considered to be a liability of the made solely from Company or any Member. No Member shall be required to contribute any cash or property to the Company to enable the Company to return any Member’s Capital Contributionassets.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Cr Resorts Capital S De R L De C V)

Return of Capital. No Member shall will be entitled to have personally liable for the return of the Capital Contributions of the Members, or any Capital Contribution returned to portion thereof, it or to receive being expressly understood that any distributions such return will be made solely from the Company upon withdrawal or otherwise, except in accordance with the express provisions of this Agreement. No unrepaid Capital Contribution shall be deemed or considered to be a liability of the Company or any Member. No Member shall be required to contribute any cash or property to the Company to enable the Company to return any Member’s Capital ContributionCompany's assets.

Appears in 1 contract

Samples: Operating Agreement (Willis Lease Finance Corp)

Return of Capital. No Member shall be entitled to have personally liable for the return of the Capital Contributions of any Capital Contribution returned to other Member or any portion thereof, it or to receive being expressly understood that any distributions from the Company upon withdrawal or otherwise, except in accordance with the express provisions of this Agreement. No unrepaid Capital Contribution such return shall be deemed or considered to be a liability of the made solely from Company or any Member. No Member shall be required to contribute any cash or property to the Company to enable the Company to return any Member’s Capital Contributionassets.

Appears in 1 contract

Samples: Operating Agreement (Lighting Science Group Corp)

Return of Capital. No Member shall be liable for the ----------------- return of the Capital Contributions (or any portion thereof) of any other Member, it being expressly understood that any such return shall be made solely from the assets of the Company. No Member shall be entitled to have withdraw or receive a return of any part of its Capital Contribution returned Contributions or Capital Account, to it receive interest on its Capital Contributions or Capital Account or to receive any distributions from the Company upon withdrawal or otherwiseCompany, except as expressly provided for in accordance with the express provisions of this Agreement. No unrepaid Capital Contribution shall be deemed Agreement or considered to be a liability of the Company or any Memberunder applicable law. No Member shall be required have any obligation to contribute restore any cash negative or property to deficit balance in its Capital Account upon liquidation or dissolution of the Company to enable the Company to return any Member’s Capital ContributionCompany.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Nationwide Health Properties Inc)

Return of Capital. No Member shall be liable for the return of the Capital Contributions (or any portion thereof) of any other Member, it being expressly understood that any such return shall be made solely from the assets of the Company. No Member shall be entitled to have withdraw or receive a return of any part of its Capital Contribution returned Contributions or Capital Account, to it receive interest on its Capital Contributions or Capital Account or to receive any distributions from the Company upon withdrawal or otherwiseCompany, except as expressly provided for in accordance with the express provisions of this Agreement. No unrepaid Capital Contribution shall be deemed Agreement or considered to be a liability of the Company or any Memberunder applicable law. No Member shall be required have any obligation to contribute restore any cash negative or property to the Company to enable the Company to return any Member’s deficit balance in its Capital ContributionAccount.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Behringer Harvard Opportunity REIT II, Inc.)

Return of Capital. No Member, including the Managing Member, shall be liable for the return of the Capital Contributions (or any portion thereof) of any other Member, it being expressly understood that any such return shall be made solely from the assets of the Company. No Member shall be entitled to have withdraw or receive a return of any part of its Capital Contribution returned Contributions or Capital Account, to it receive interest on its Capital Contributions or Capital Account or to receive any distributions from the Company upon withdrawal or otherwiseCompany, except as expressly provided for in accordance with the express provisions of this Agreement. No unrepaid Capital Contribution shall be deemed Agreement or considered to be a liability of the Company or any Memberunder applicable law. No Member shall be required have any obligation to contribute restore any cash negative or property to the Company to enable the Company to return any Member’s deficit balance in its Capital ContributionAccount.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Behringer Harvard Opportunity REIT II, Inc.)

Return of Capital. No Member shall be liable for the return of the capital contributions (or any portion thereof) of any other Member, it being expressly understood that any such return shall be made solely from the assets of the Company. No Member shall be entitled to have withdraw any part of such Member’s Capital Contribution returned Contributions or Capital Account, to it receive interest on such Member’s Capital Contributions or Capital Account or to receive any distributions from the Company upon withdrawal or otherwiseCompany, except as expressly provided for in accordance with the express provisions of this Agreement. No unrepaid Capital Contribution shall be deemed Agreement or considered to be under a liability nonwaivable provision of the Company or any Member. No Member shall be required to contribute any cash or property to the Company to enable the Company to return any Member’s Capital ContributionAct as then in effect.

Appears in 1 contract

Samples: Operating Agreement

Return of Capital. No Member shall be liable for the return of the Capital Contributions (or any portion thereof) of any other Member, it being expressly understood that any such return shall be made solely from the assets of the Company. No Member shall be entitled to have withdraw or receive a return of any part of its Capital Contribution returned Contributions or Capital Account, to it receive interest on its Capital Contributions or Capital Account or to receive any distributions from the Company upon withdrawal or otherwiseCompany, except as expressly provided for in accordance with the express provisions of this Agreement. No unrepaid Capital Contribution shall be deemed 35 Agreement or considered to be a liability of the Company or any Memberunder applicable law. No Member shall be required have any obligation to contribute restore any cash or property to the Company to enable the Company to return any Member’s negative balance in its Capital ContributionAccount.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Hudson Pacific Properties, Inc.)

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